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Environment Bill - Sitting 16

17 November 2020

Proposing MP
North Wiltshire
Type
Public Bill Committee

At a Glance

Issue Summary

The amendment proposes changing 'may' to 'must' in clause 75 of the Environment Bill, requiring the Secretary of State to make regulations for water resources management plans and drought plans. The MP discusses the need for legal certainty in water resources management plans and drought plans under the Environment Bill. The statement discusses the proposed amendment to ensure full consultation with stakeholders in water resource management plans. Richard Graham moves an amendment to clause 76 of the Environment Bill to include water quality and discharge impact in drainage and sewerage management plans. The statement discusses an amendment to improve water quality by addressing sewage discharges in drainage and sewerage plans. The statement discusses the issue of raw sewage discharges by water companies into rivers, which has significant environmental impacts. James Gray is discussing Clause 76 of the Environment Bill which requires sewerage undertakers to prepare drainage and sewerage management plans addressing relevant environmental risks. The minister is discussing the storm overflow taskforce and its efforts to address sewage discharge into rivers. James Gray discusses an amendment to clause 76 of the Environment Bill, focusing on changing 'may' to 'must' for water companies' consultation obligations under the Water Industry Act 1991. The statement addresses the certainty and procedural requirements for secondary legislation related to sewerage undertakers' drainage and sewerage management plans. James Gray is proposing amendments to Clause 80 of the Environment Bill to change the year '2028' to '2021'. MP Fleur Anderson discusses the long deadlines proposed in the Environment Bill for changes to water abstraction licences, arguing that they are too lenient given the urgent need to address environmental harm. Rebecca Pow discusses the proposed implementation date of 2028 for new powers in controlling water abstraction. MP Fleur Anderson is discussing concerns about a clause in the Environment Bill that could weaken water quality standards through secondary legislation.

Action Requested

The amendment requests that the Government commit to using the powers under clause 75 to direct regional water planning and ensure company plans align with regional plans. It also seeks clarification on how adherence to these plans will be encouraged if not specified in the clause.

Key Facts

  • The amendment targets proposed new section 39F of the Water Industry Act 1991.
  • Clause 75 amends the Water Industry Act, which became law 29 years ago.
  • Changing 'may' to 'must' would require the Secretary of State to make regulations for procedures on preparing and publishing water resources management plans, drought plans, and joint proposals.
  • Amendment proposed to clause 75, page 66, line 22.
  • The amendment aims to include representation for those likely to be affected by water resource proposals or drought plans.
  • Existing powers in section 37B of the Water Industry Act 1991 are being replaced by new section 39F.
  • Amendment 130 would ensure consultation rights for stakeholders.
  • Clause 75 enables Ministers to set out which bodies are to be consulted on the preparation of plans under regulations.
  • The Interpretation Act 1978 defines 'persons' as including a body corporate or unincorporate, covering representative bodies.
  • 200,000 instances of raw sewage discharge in UK waterways occurred last year.
  • 3,000 discharges were reported in UK coastal waters between May and September.
  • Only 16% of UK waterways meet good ecological status.
  • A petition with 40,000 signatures calls for an end to sewage pollution.
  • Sewage accounts for 55% of rivers failing to meet good ecological status.
  • Water companies have committed £4.5 billion towards environmental improvements between now and 2025.
  • The current rate of progress could take over 200 years to reach the Government’s 25-year environment plan target.
  • The amendment would insert language into section 94A(3) of the 1991 Act, addressing water quality and discharge impact in drainage and sewerage plans.
  • More than 200,000 releases of raw sewage into rivers occurred last year.
  • Discharge spills came to an incredible 1.53 million hours across nine English water companies in the previous year.
  • The Minister met chief executives of the 15 water companies in September and called on them to take further action to protect the environment.
  • Clause 76 requires sewerage undertakers to prepare drainage and sewerage management plans addressing relevant environmental risks.
  • DEFRA Ministers will have a failsafe power to direct companies if their performance is inadequate.
  • Event duration monitoring gadgets are being installed on the vast majority of combined inland and coastal sewer overflows by 2025, covering approximately 13,000 out of 15,000 overflows.
  • The storm overflow taskforce includes the EA, DEFRA, Ofwat, Consumer Council for Water, Blueprint for Water, and Water UK.
  • Proposals from the taskforce are expected by spring.
  • The new environmental land management scheme aims to work with farmers to reduce pollution.
  • Amendment 199 aims to change 'may' to 'must' in clause 76 of the Environment Bill.
  • Clause 76 amends the Water Industry Act 1991 by adding new section 94C(3).
  • The amendment seeks to ensure that water companies are required to consult on drainage and sewerage management plans.
  • Sewerage undertakers have the duty to prepare drainage and sewerage management plans under proposed new section 94A of the Water Industry Act 1991.
  • Ministers require flexibility on when and how procedural requirements are given effect.
  • The Consumer Council for Water is a representative body that will be included in consultations.
  • James Gray is proposing amendments to Clause 80.
  • The amendments aim to change '2028' to '2021'.
  • Amendments affect page 78, line 1 and line 34; page 79, line 7.
  • Clause 80 of the Bill amends the Water Resources Act 1991 to improve water abstraction management.
  • The changes proposed in the Bill will apply to licences revoked or varied on or after January 2028.
  • Four out of nine companies assessed by the Environment Agency require improvement due to poor performance.
  • In 25 years, England’s water supply may no longer meet demand according to recent warnings.
  • The Government targets for good status of waters need to be achieved by 2027 at the latest.
  • WaterAid's experience highlights the damaging effects of over-abstraction on communities globally.
  • The Government’s 2017 abstraction plan commits to protecting the water environment.
  • Since 2014, 31 billion litres of water has been returned to the environment and an additional 456 billion litres recovered from unused or underused licences.
  • The implementation date is set for 2028 to allow time for local solutions and a transfer to new environmental permitting regime.
  • Not a single lake or river in England has achieved good chemical status according to recent tests by the Environment Agency.
  • There is public support for environmental protection which Anderson believes the Committee will acknowledge.
  • The amendment would change the current negative procedure to a super-affirmative procedure as defined in section 18 of the Legislative and Regulatory Reform Act 2006.
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